Natthu @ Nathuram vs The State Of Madhya Pradesh
2023 Latest Caselaw 19639 MP

Madhya Pradesh High Court

Natthu @ Nathuram vs The State Of Madhya Pradesh on 23 November, 2023

Author: Sujoy Paul

Bench: Sujoy Paul

                                                                 1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                         CRA No. 2153 of 2020
                                        (NATTHU @ NATHURAM AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 23-11-2023
                                 Shri Sunil Kumar Mishra - Advocate for the appellant no. 2-

                           Kalicharan and appellant no. 3- Bhagwandas.
                                 Shri Arvind Singh - Government Advocate for the respondent-State.

Heard on I.A. No.27102 of 2023 a n d I.A. No.27326 of 2023 applications under Section 389(1) of the Cr.P.C for suspension of sentence and

grant of bail to appellant no. 2- Kalicharan and appellant no. 3- Bhagwandas arising out of judgment dated 16.01.2019 delivered in S.T. No.07/2019 passed by 5th Additional Sessions Judge, Tikamgarh, (MP).

Both the appellants have been convicted and sentence under Section 147 of IPC to undergo RI for six months fine of Rs.1000/-, under Section 302/149 of IPC to undergo RI for Life with of Rs.2000/- and under Section 201 of IPC to undergo RI for three years with fine of Rs.1000/- with default stipulation.

Learned counsel for both the appellants at the outset submits that he is claiming parity with the co- appellants/co- accused persons, who were given

benefit of suspension of sentence, vide order dated 8.11.2023 passed in Cr.A. No.1132 of 2020 and other connected matters. He submits that period of custody of these appellants are almost similar and overtact alleged against them are also identical. Thus, they may be given the similar treatment.

Learned Government Counsel opposed the prayer on the basis of objection. However, on a specific query from the bench, he fairly admitted that there exists a parity with appellant- Ravi Maharaj @ Bharat Bhushan Tiwari and others, who got benefit of suspension of remaining jail sentence on

8.11.2023.

Considering the aforesaid and bleak chances of final hearing in near future, without expressing any conclusive opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of appellant no. 2- Kalicharan and appellant no. 3- Bhagwandas.

Accordingly, I.A. No.27102 of 2023 and I.A. No.27326 of 2023 are allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of both the appellants is hereby suspended and it is directed that appellant no. 2- Kalicharan and appellant no. 3-

Bhagwandas be released on bail on their furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) each with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, Tikamgarh on 8th of January 2024 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per Rules.

                                 (SUJOY PAUL)                                               (VINAY SARAF)
                                    JUDGE                                                       JUDGE

                           bks